Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2134
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CHAMBER ACTION
Senate House
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11 The Committee on Community Affairs (Crist) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 2, line 13, through
16 page 4, line 7, delete those lines
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18 and insert: agreement, at a minimum, must:
19 (a) Identify the geographic boundaries of the tax
20 increment finance area;
21 (b) Identify the real property to be acquired as
22 conservation land within the tax increment finance area;
23 (c) Establish the percentage of tax increment
24 financing for each jurisdiction in the tax increment area;
25 (d) Identify the governing body of the jurisdiction
26 that will administer a separate reserve account in which the
27 tax increment will be deposited;
28 (e) Require that any tax increment revenues not used
29 to purchase conservation lands by a date certain be refunded
30 to the parties to the interlocal agreement. Any refund shall
31 be proportionate to the parties' payment of tax increment
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2134
Barcode 032000
1 revenues into the separate reserve account;
2 (f) Provide for an annual audit of the separate
3 reserve account;
4 (g) Designate an entity to hold title to any
5 conservation lands purchased using the tax increment revenues;
6 (h) Provide for a continuing management plan for the
7 conservation lands; and
8 (i) Identify the entity that will manage these
9 conservation lands.
10 (2) The water management district in which
11 conservation lands proposed for purchase under this section
12 are located may also enter into the interlocal agreement with
13 two or more municipalities or counties if the district
14 provides any funds for the purchase of the conservation lands.
15 (3) Prior to the purchase of conservation lands under
16 this section, the Department of Environmental Protection must
17 approve the purchase as sufficient to provide additional
18 recreational and ecotourism opportunities for the entities
19 that are parties to the interlocal agreement. In addition, the
20 Department of Community Affairs must agree, prior to a
21 purchase of conservation lands using funds under this section,
22 that the purchase serves a public purpose.
23 (a) The parties to the interlocal agreement shall
24 request a letter of approval from both departments pursuant to
25 this subsection before any purchase of lands under this
26 section.
27 (b) If either department fails to provide a letter of
28 approval within 30 days after receipt of the request for such
29 a letter, the purchase is deemed sufficient to provide
30 recreation and ecotourism opportunities and to serve a public
31 purpose in that the property within the tax increment finance
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2134
Barcode 032000
1 area will benefit from the purchase of the conservation lands,
2 as appropriate.
3 (4) The tax increment authorized under this section
4 shall be determined annually and may not exceed 50 percent of
5 the difference in ad valorem taxes as provided in s. 163.387,
6 Florida Statutes.
7 (5) A separate reserve account must be established for
8 each tax increment finance area for conservation lands which
9 is created under this section. The separate reserve account
10 must be administered pursuant to the terms of the interlocal
11 agreement. Tax increment funds allocated to this separate
12 reserve account shall be used to acquire the real property
13 identified for purchase in the interlocal agreement. Pursuant
14 to the interlocal agreement, the governing body of the local
15 government that will administer the separate reserve account
16 may spend increment revenues to purchase the real property
17 only if all parties to the interlocal agreement adopt a
18 resolution approving the purchase price.
19 (6) The annual funding of the separate reserve account
20 may not be less than the increment income of each taxing
21 authority which is held as provided in the interlocal
22 agreement for the purchase of conservation lands.
23 (7) Unless otherwise provided in the interlocal
24 agreement, a taxing authority that does not pay the tax
25 increment revenues to the separate reserve account by January
26 1 shall pay interest on the amount of unpaid increment
27 revenues equal to 1 percent for each month that the increment
28 revenue remains outstanding.
29 (8) The public bodies and taxing authorities listed in
30 s. 163.387(2)(c), Florida Statutes, and special districts that
31 levy ad valorem taxes within a tax increment financing area
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2134
Barcode 032000
1 are exempt from the provisions of this section.
2 (9) Revenue bonds under this section are payable
3 solely out of revenues pledged to and received by the local
4 government administering the separate reserve account and
5 deposited into the separate reserve account. The revenue bonds
6 issued under this section do not constitute a debt, liability,
7 or obligation of a public body, the state, or any of the
8 state's political subdivisions.
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11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 On page 1, line 10 through page 2, line 2, delete those
14 lines,
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16 and insert:
17 requiring the establishment of a separate
18 reserve account for each tax increment finance
19 area; providing for a refund; requiring an
20 annual audit of the separate reserve account;
21 providing for the administration of the
22 separate reserve account; providing that the
23 governmental body that administers the separate
24 reserve account may spend revenues from the tax
25 increment to purchase real property only if all
26 parties to the interlocal agreement adopt a
27 resolution that approves the purchase price;
28 providing that a water management district may
29 be a party to the interlocal agreement;
30 requiring certain approvals from the Department
31 of Environmental Protection and the Department
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2134
Barcode 032000
1 of Community Affairs; providing a comparative
2 standard on which the minimum annual funding of
3 the separate reserve account must be based;
4 requiring a taxing authority that does not pay
5 tax increment revenues to the separate reserve
6 account before a specified date to pay a
7 specified amount of interest on the amount of
8 unpaid increment revenues; providing exemptions
9 for certain public bodies, taxing authorities,
10 and special districts; providing that revenue
11 bonds may be paid only from revenues deposited
12 into the separate reserve account; providing
13 that such revenue bonds are not a debt,
14 liability, or obligation of the state or any
15 public body; providing
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